Gujarat Court March 1992 Judgments
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Modi Ramsingbhai Madhavbhai Vs. Bhabhar Nagar Panchayat and anr.
Court: Gujarat
Decided on: Mar-10-1992
Reported in: (1992)2GLR1140
N.J. Pandya, J.1. The petitioner was originally employed with respondent No. 1-Panchayat as an Engine Driver. At the relevant time, respondent No. 1-Panchayat was being governed by the then Bombay Village Panchayat Act, 1958 which came to be substituted by the Gujarat Panchayat Act, 1961. Section 325 of the 1961 Act, will therefore, govern the case of the petitioner and for that a reference may be made to Clause (X) of Sub-section (2) of Section 325 which reads as under:(x) the Secretaries, all Officers and servants in the employ of the old village Panchayats immediately before the said date shall be Secretaries, Officers and servants of the New Gram Panchayats and shall until other provision is made in accordance with the provisions of this Act, receive the Salaries and allowances and be subject to the conditions of service to which they were entitled or subject on such date:Provided that it shall be competent to the State Government after giving a Secretary such notice as is required...
Kalidas Chhaganlal Rana Vs. Babaldas Bapubhai Rana and anr.
Court: Gujarat
Decided on: Mar-10-1992
Reported in: (1993)2GLR1645
A.N. Divecha, J.1. Can the secondary evidence of the quit notice contemplated under Section 12(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 ('the Rent Act' for brief) be permitted for mere asking? Is it not necessary for the party to Jay foundation for producing the secondary evidence as provided in Section 65 of the Evidence Act, 1872 ('the Evidence Act' for brief)? These are the main questions arising in this revisional application under Section 29(2) of the Rent Act questioning the correctness of the decree of eviction passed by the learned Judge of the Small Causes Court at Baroda on 30th September, 1976 in Rent Suit No. 389 of 1975 as affirmed in appeal by the learned Assistant Judge of Baroda on 19th December, 1977 in Civil Appeal No. 260 of 1976.2. The facts giving rise to the present appeal may be summarised thus: The petitioner is the tenant and the respondents are the landlords of the premises involved in the litigation giving rise to the present re...
Pradip Ramanlal Sheth Vs. Union of India and ors.
Court: Gujarat
Decided on: Mar-09-1992
Reported in: (1993)113CTR(Guj)75; [1993]204ITR866(Guj)
S.B. Majmudar, J. 1. In this petition under article 226 of the Constitution of India, the petitioner who was the owner of a property consisting of land admeasuring about 357 sq. mtrs. (428 sq. yards) along with the superstructure bearing sub-plot No. 6/2 of Final Plot Nos. 306-307 and 308 of the Town Planning Scheme No. 8 at Mithakhali in this town, has brought in challenge the order passed on January 31, 1992, by members of the appropriate authority functioning under section 269UD of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'). The challenge at this stage of the final hearing of this petition is confined to two deductions made by the appropriate authorities from the amount held payable to the petitioner for compulsory purchase of the aforesaid property by the Central Government. These disputed deduction are : (a) Rs. 35,333; and (b) Rs. 1,02,062. 2. In order to appreciate the controversy centering round the two disputed amounts, it is necessary to note a few introd...
Madhubhai Mangabhai Soneri Vs. Motivaras Premji Mavji and anr.
Court: Gujarat
Decided on: Mar-09-1992
Reported in: (1993)1GLR56
A.N. Divecha, J.1. The effect of making an application for adjournment to file a written statement for the purpose of Section 34 of the Arbitration Act, 1940 (the 'Act' for brief) has been settled by the Supreme Court in its various judgments and yet this very question has been raised before me in this Appeal from Order directed against the reasoned order passed by the learned Civil Judge (S. D.) at Porbandar on 11th April, 1983 below the application at Exh. 19 in Special Civil Suit No. 19 of 1979. Thereupon the learned Trial Judge was pleased to reject the present appellant's application for stay of the suit under Section 34 of the Act.2. The facts giving rise to this Appeal from Order move in a narrow compass. The respondents filed one suit in the Court of the Civil Judge (S.D.) at Porbandar for a decree in the sum of Rs. 92,540 and in the alternative for possession of one fishing boat bearing the name 'Gomti' and bearing call No. 245 on the strength of one agreement produced by the ...
State of Gujarat Vs. Chhotalal Vallabhji Brahmin
Court: Gujarat
Decided on: Mar-06-1992
Reported in: 1992CriLJ2689
J.N. Bhatt, J.1. The appellant State has assailed the acquittal order passed by the learned Judicial Magistrate, First Class, Mangrol, in criminal case No. 527 of 1980 on 28-4-1983, by invoking the aids of the provisions of Section 379 of the Code of Criminal Procedure ('Code' for short Hereinafter).In this appeal, the respondent is the original accused who was charged for the offence punishable Under Section 408 of the Indian Penal Code. In that, it was alleged by the prosecution that the accused was working as a Principal of Sheriaj Rural Centre, primary basic School, at Mangrol, during the period from 31-3-1979 to 10-11-1979. The said school was run under the management of Shardagram Institute. According to the case of prosecution, during the aforesaid period, the accused in his capacity as Principal of the said school committed criminal breach of trust by misappropriating an amount of Rs. 300/- which came to him for the purpose of giving scholarship to the students of the school. T...
Koli Jaga Rana Vs. State of Gujarat
Court: Gujarat
Decided on: Mar-06-1992
Reported in: 1992CriLJ2080
J.U. Mehta, J.1. The appellant who is the original accused in Sessions Case No. 122 of 1990 on the file of the Court of the Addl. Sessions Judge, Junagadh, has approached this Court in appeal through jail against the order of conviction and sentence passed on 26-2-1991, for the offences punishable under Sections 342 and 376 I.P.C. The appellant was charged and convicted for confining the prosecutrix Vijay and committing rape without the consent and against the will of Vijaya.2. The case of the prosecution was that the complainant Kunverben, widow of Soma Pancha was staying at village Ankolwadi situated in District Junagadh. Her husband expired eight years before the incident and that she was having two sons and two daughters. According to the prosecution, on 19-7-1990 the complainant unverben had gone to village Nageshri and when she retuned to Akolwadi on 22-7-1990, she was informed by her youngest daughter Bena that on 19-7-1990 she and her sister Vijaya had gone to the field of Bach...
Jodha Khoda Rabari and Etc. Etc. Vs. State of Gujarat and Etc.
Court: Gujarat
Decided on: Mar-06-1992
Reported in: 1992CriLJ3298
K.G. Shah, J. 1. On 20th September 1984 the people of Mangadh, a small village of Bhavnagar District experienced a horrifying nightmare when there was a carnage resulting in ten brutal murders in a span of less than two hours, committed by a Group of assailants by their wanton firing and use of other weapons at unarmed innocent victims. According to the prosecution, the accused did this with a view to settling the scores with the Patels, who were acquitted in a case, arising from the incident of 1982 where three Darbars (Rajputs) had lost their lives. Of course, in between, there were many criminal cases between them. Thus, in the present proceedings, we are required to deal with a case where revenge or vendetta is alleged to be the sole motive. The present appeals arise out of the judgment and order of conviction and sentences rendered in Sessions Case No. 5 of 1985, with which was consolidated, Sessions Case No. 124 of 1985, by the learned Sessions Judge, Bhavnagar, who at the end of...
State of Gujarat Vs. Rajput Bhikhaji Kaluji and ors.
Court: Gujarat
Decided on: Mar-06-1992
Reported in: (1993)1GLR810
K.J. Vaidya, J. 1. These two appeals, one by the State of Gujarat for enhancement of the sentence against the respondent-accused Bhikhaji Kaluji only, and the another by Bhikhaji Kaluji and three others against their respective orders of conviction and sentence, arise out of the common judgment and order dated 31-12-1982, rendered in Sessions Case No. 108 of 1982 by the learned Assistant Sessions Judge, Mehsana, wherein respondents on their being tried for the alleged offences punishable under Sections 307, 326, 323, 324 of I.P.C. and Section 135 (i) of the Bombay Police Act, 1951, were at the end of the trial ordered to be convicted and sentenced as under:The accused No. 1 Bhikhaji Kaluji was convicted for the offence punishable under Section 307 of I. P. C and sentenced to suffer R.I. for two years and to pay a fine of Rs. 300/- and in default R.T. for one month. While accused Nos. 2 and 3, viz., Hemaji Kaluji and Kaluji Bhimaji were convicted for the offence punishable under Section...
Haji Osman Haji Ajij and ors. Vs. Memon Bai Jenam Kasambhai
Court: Gujarat
Decided on: Mar-06-1992
Reported in: (1992)2GLR1112
S.D. Dave, J.1. This First Appeal has been directed against the judgment and decree pronounced by the learned Civil Judge (S.D.), Gondal in Special Civil Suit No. 5 of 1975 dated 1st May, 1981, dismissing the suit of the original plaintiff against the defendants with no order as to cost.2. The present Appellant No. 1 is the original plaintiff, while the Appellants Nos. 2, 3 & 4 are the original defendants Nos. 2, 3 & 4 respectively. The respondent is the original defendant No. 1.3. The original plaintiff Haji Osman Chamadia had filed the above said suit in the Court of learned Civil Judge (S.D.) Gondal against the original defendant No. 1-Bai Jenam, his mother and the defendants Nos. 2, 3 and 4 who happens to be his real brother and sisters. According to the plaintiff the defendant No. 1-Bai Jenam happens to be his stepmother and that the father of the plaintiff Haji Ajij Taher Mohmad Chamadia, a resident of the town of Gondal has expired leaving behind him the plaintiff and the defend...
Amita Victor Amalraj Vs. Bachubhai Karsanbhai Brahman and ors.
Court: Gujarat
Decided on: Mar-05-1992
Reported in: 1993ACJ1020; (1992)2GLR113
S.D. Dave, J.1. This first appeal has been directed against the award made by the M.A.C.T. (main), Rajkot, in M.A.C. Case No. 375 of 1979; decided on November 19th, 1980, granting the total compensation in a sum of Rs. 54,000/- to the applicant Amita Victor Amalraj for the accidental death of her husband, Victor Amalraj, during the motor vehicular accident which had occurred on 27th June, 1979, at about 2.30 p.m. on Jamnagar-Rajkot State Highway on the bridge of river Dodi near Padadhari because of the dash given to the jeep car being driven by 'the deceased by the motor truck No. GTP 5070 being driven by the opponent No. 2, the driver, and owned by and insured with the opponent Nos. 1 and 3. xxx xxx xxx2. We may now revert to what has been referred to by us earlier. Neither we, nor the learned advocates appealing on behalf of the parties before us, could overlook two alarmingly disturbing features emanating from the trial before the Tribunal. One is the prejudice of the Tribunal culmi...
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